HCTW news brief: Nurse whistleblower case sets dangerous precedent
Staff Development Weekly: Insight on Evidence-Based Practice in Education, February 12, 2010
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Anne Mitchell, RN, a former compliance officer at Winkler County Memorial Hospital, TX, says she was advocating for patients when she sent a letter to the Texas Medical Board last year after observing physician Rolando G. Arafiles Jr. displaying serious lapses in competence and judgment that put patients at risk. She had first raised her concerns with her hospital, but when she felt it wasn't taking action, she reported the physician to the Texas Medical Board.
Arafiles alleged Mitchell filed the complaint to spitefully destroy his reputation and he asked the sheriff to investigate. Mitchell was charged with misuse of official information, a third-degree felony in Texas, because patient medical record numbers were included in the letter, although no patient names were used. Charges against a second nurse who helped write the letter to the Medical Board have been dropped.
The case has caused an uproar in the small Texas town and has come to national prominence. Both the ANA and the Texas Nurses Association have vigorously protested the prosecution and have been raising money for the nurse's legal defense. The ANA also reports the Texas Medical Board has protested the prosecution, complaining that it is improper to criminally prosecute someone for raising complaints with the board; that the complaints were confidential and not subject to subpoena; and that under federal law the Texas Medical Board is exempt from HIPAA.
To read more details, visit www.healthleadersmedia.com.
Source: HealthLeadersMedia.com
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